ERGELYA Terms of Service

Last updated: May 1, 2026

OVERVIEW

Welcome to ERGELYA! The terms “we”, “us” and “our” refer to ERGELYA. ERGELYA operates ergelya.com, our store offering AirCloud™ inflatable air seat cushions and related products, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). ERGELYA is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Nothing in these Terms excludes or limits rights, warranties, remedies, or liabilities that cannot be excluded or limited under applicable law. This qualification applies to every section, including third-party tools, Shopify, warranties, and liability.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By using the Services or placing an order, you agree to these Terms to the extent permitted by applicable law. Our Privacy Policy (/policies/privacy-policy) describes how personal information is handled; acknowledging that notice does not replace consent where consent is required. If you do not agree to these Terms, do not use the Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

Our store offers ERGELYA AirCloud™ inflatable air seat cushions and related products. The product page and your selected option describe the item, color, quantity, included accessories, and any qualifying promotional gifts for your order. Please review these details before purchasing. Images showing multiple products do not mean all pictured items are included unless expressly stated in the selected offer.

We aim to describe products accurately. Screen settings and lighting can affect displayed colors, and approximate measurements may vary slightly. These differences do not remove your rights if a product is defective or materially different from its description.

AirCloud™ is offered as a seating comfort accessory. Comfort is subjective and depends on factors such as inflation level, seating surface, and individual preferences. We do not promise a particular medical outcome or that the cushion will diagnose, treat, cure, or prevent a medical condition. Website content is general information and does not replace professional medical advice. Follow the instructions supplied with the product.

We may update product descriptions for future purchases, discontinue items, and reasonably limit quantities or delivery areas. Changes do not retroactively alter the description or offer applicable to an accepted order.

SECTION 3 - ORDERS

Placing an order is an offer to purchase. An automated receipt acknowledges submission and does not by itself guarantee acceptance. We may decline or cancel an order for a legitimate reason, such as unavailable stock, inability to deliver, a material pricing error, or suspected fraud. We will contact you using the details provided and refund any payment taken for an order we do not fulfill, within the time required by applicable law.

Review your selected pack, color, quantity, delivery address, and included gifts carefully before submitting. Purchases are intended for personal or household use; contact us before ordering for commercial resale.

Our Returns & Refund Policy (/policies/refund-policy) forms part of these Terms. Under that policy, cancellation requests must be emailed to support@ergelya.com within 8 hours of purchase and before the order has been processed or shipped. The 8-hour window does not guarantee that processing will wait for 8 hours.

For a cushion that arrives damaged or defective, email support@ergelya.com within 7 calendar days of delivery with your order details and clear video evidence for review. Approved defect claims do not require a product return. This reporting period does not limit rights relating to defects discovered later or other mandatory consumer rights.

We do not offer a risk-free trial or a general satisfaction-based money-back guarantee. If a normally functioning cushion does not feel comfortable or suitable, contact us to discuss voucher support individually. Voucher value and conditions are agreed by email; a voucher does not replace a refund or remedy required by law.

Approved refunds are made to the original payment method. Our policy sets a maximum of 60 calendar days from receipt of the initial refund or eligible cancellation request, with any shorter legally required period taking precedence. Refunds required for unshipped orders or shipment delays are made within the applicable legal timeframe and are not deferred to the 60-day maximum.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

Shipping availability, charges, and estimated processing and delivery periods are described in the offer or at checkout where applicable. Any free-shipping offer applies only under its stated conditions. We do not impose undisclosed additional charges after checkout without your agreement.

Estimated delivery dates may be affected by carriers, customs, weather, or other circumstances. An estimate does not remove any binding shipment commitment or your legal rights. If we cannot ship within the promised timeframe, we will provide the notice, delay options, cancellation rights, and prompt refund required by applicable law. Where U.S. federal shipment rules apply and no shipment period is stated, the applicable default shipment period is generally 30 days.

Please provide an accurate delivery address and contact support@ergelya.com promptly about a missing, damaged, incorrect, or delayed delivery. We will review the issue with the relevant fulfillment or delivery provider. We do not treat handing an order to a carrier as automatically eliminating our responsibilities to you. Risk of loss and title are determined by applicable law, and nothing here removes mandatory delivery or refund rights.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by ERGELYA, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of ERGELYA, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by ERGELYA.

ERGELYA’s names, logos, product and service names, designs, and slogans are trademarks of ERGELYA or its affiliates or licensors. You must not use such trademarks without the prior written permission of ERGELYA. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

ERGELYA is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with ERGELYA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ERGELYA, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ERGELYA.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy (/policies/privacy-policy), and certain personal information may be subject to Shopify’s Consumer Privacy Policy (https://www.shopify.com/legal/privacy/consumers). By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy (/policies/privacy-policy) for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you voluntarily submit a review or other content for public posting, you grant ERGELYA a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and format that content as reasonably needed to publish the review and operate the Services. You retain ownership of your content. We will not alter a review to misrepresent your experience.

Private support emails, product claim photographs or videos, order details, and other private communications are not granted a public or advertising license under this section. We use them to respond to you, assess your request, and operate the Services as described in our Privacy Policy. We will seek separate permission before publishing private support material or using it as a testimonial or in advertising.

You must own or have permission to submit your content. Reviews must reflect your honest experience, and any compensation or incentive must be disclosed. You must not impersonate another person, submit fabricated reviews, disclose someone else’s private information without permission, infringe intellectual property, or upload unlawful, threatening, abusive, or malicious material.

We may remove content for legitimate reasons such as fraud, unlawful material, privacy violations, irrelevant spam, or infringement. We do not suppress an otherwise compliant review solely because it is negative. You may share honest opinions about our products and service. We do not promise payment for unsolicited suggestions or a response to every public submission.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We may correct errors and update information. If an error materially affects your submitted order, we will contact you to explain the correction and any available options, including cancellation and an appropriate refund where required. We will not charge a higher price or substitute a materially different product without your agreement.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm ERGELYA, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use unauthorized automated tools to scrape, overload, exploit, or bypass restrictions on the Services; any permitted Agent access must comply with Section 14; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section (“Agent Terms”) applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.

14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request’s user agent string: “Agent/[agent name]”; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may suspend or terminate access for a material breach, suspected fraud, security concerns, legal requirements, or discontinuation of the Services, subject to applicable law and any required notice. Termination does not remove our obligations concerning existing orders or refunds, or your obligation to pay amounts lawfully due.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

Website content is provided for general shopping and product information. We aim to keep it accurate, but it is not personalized medical or professional advice. Use AirCloud™ according to its instructions. Statements about comfort do not guarantee the same experience for every customer.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR EXPRESS PRODUCT DESCRIPTIONS, PROMISES, WARRANTIES, AND REMEDIES WE PROVIDE, THE SERVICES ARE OFFERED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT WEBSITE ACCESS WILL ALWAYS BE UNINTERRUPTED OR ERROR-FREE.

NO DISCLAIMER IN THESE TERMS EXCLUDES A WARRANTY, PRODUCT CONFORMITY OBLIGATION, OR CONSUMER REMEDY THAT CANNOT LAWFULLY BE EXCLUDED. NOTHING HERE OVERRIDES OUR RETURNS & REFUND POLICY, AN EXPRESS WARRANTY, OR RESPONSIBILITY FOR A PRODUCT THAT IS DEFECTIVE OR MATERIALLY DIFFERENT FROM ITS DESCRIPTION.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ERGELYA AND ITS SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES, SUCH AS LOST BUSINESS PROFITS OR LOST BUSINESS OPPORTUNITIES, ARISING FROM USE OF THE SERVICES.

THIS LIMITATION DOES NOT EXCLUDE OR RESTRICT LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY WHERE SUCH LIABILITY CANNOT BE LIMITED, OR ANY OTHER LIABILITY OR CONSUMER RIGHT THAT CANNOT LAWFULLY BE EXCLUDED OR RESTRICTED. IT DOES NOT REMOVE YOUR RIGHT TO AN APPLICABLE REFUND, REPLACEMENT, OR OTHER MANDATORY REMEDY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, AND THOSE LIMITATIONS WILL NOT APPLY WHERE PROHIBITED.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to compensate ERGELYA, Shopify, and their relevant personnel and service providers for reasonable third-party claims and costs caused by your unlawful conduct, infringement of another person’s rights, or material breach of these Terms. This does not require you to compensate us for claims caused by our own negligence, misconduct, or legal violations, or merely because you make ordinary lawful use of the Services.

We will give reasonable notice of a claim for which we seek indemnification and allow reasonable participation in its defense. We will not agree to a settlement imposing an admission or non-monetary obligation on you without your consent. These obligations apply only to the extent enforceable under the consumer laws applicable to you.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

These Terms will be interpreted in accordance with applicable law, including any mandatory rules protecting consumers. Nothing in this section excludes information, promises, or rights that applicable law makes part of your purchase agreement.

SECTION 21 - ASSIGNMENT

You may not transfer your contractual obligations under these Terms without our written agreement, except where applicable law permits. We may transfer these Terms as part of a legitimate business transfer, provided this does not reduce your mandatory consumer rights or the protections applicable to an existing order. We will provide notice where required by law.

SECTION 22 - GOVERNING LAW

These Terms and any dispute concerning the Services are governed by the law applicable under the relevant conflict-of-law rules. Nothing in these Terms deprives you of mandatory protections provided by consumer laws that apply to you.

Disputes may be brought before courts having jurisdiction under applicable law. These Terms do not require you to bring a consumer claim exclusively in a foreign court or waive a right to use a court or remedy available to you under mandatory law.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the current Terms on this page. We may update them to reflect changes to our Services, business practices, or applicable requirements. We will update the date and provide notice of material changes where required by law.

Changes apply prospectively from their stated effective date. The Terms and purchase policies in effect when you placed an order continue to govern that order unless a change is required by law or you validly agree otherwise. Continued use of the Services after a change takes effect constitutes acceptance only to the extent permitted by applicable law. We will obtain any additional agreement required by law.

SECTION 25 - CONTACT INFORMATION

For questions about these Terms, your order, or our policies, contact:

ERGELYA
Website: https://ergelya.com
Email: support@ergelya.com
Phone: +1 (406) 505-8289